We go to court this week and I know the state picks the case up. they told me the court date but I was wondering is it better if I show up and talk to the da and say it was a misunderstanding or if I don't show up that the charges will automatically be dropped. It was just a small laceration on my upper lip. There were no photos taken or anything. What would be the best option for me to take to make sure this case thrown out?
Once the police and the state are involved you no longer control whether or not the person will be charged. The state controls that aspect. You can tell the district attorney that you no longer wish to proceed with the charges, however if they want to move forward with them then they will do that. They have a lot of power at their disposal and I have seen them do a lot of different things to force someone to proceed even though they did not want to. Not all district attorney's will do this.
As as officer of the court I must tell you that if you get a subpoena then you need to show up to court, but to answer your question as to what would happen if you do not show up? If you do not show up to court and there are no other witnesses to the incident, then the commonwealth will not be able to prove that the defendant did anything beyond a reasonable doubt and ultimately the case will have to be dropped due to lack of evidence.
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